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How to keep doing good once you’re gone

<p>Most of us like to think that once we are no longer walking the Earth, we can still leave a legacy to mark our time here and contribute positively to those left behind.</p> <p>Doing so is not only possible but, as you’ll see below, fairly straightforward – providing you do some basic preparation beforehand.</p> <p>Seek the help of professional advice to ensure your plans can be enacted in full and deliver the best possible outcomes for everyone involved.</p> <p><strong>Have your affairs in order</strong></p> <p>Make things simpler for your grieving loved ones by having your wishes clearly outlined in writing, with specific instructions that leave no room for misinterpretation. Doing so makes your wishes easier to implement, faster to enact and reduces fights among your beneficiaries.</p> <p>Keep your will and other affairs updated as circumstances change too, so that everyone you want is included (such as kids and grandkids) and those you don’t, aren’t given an unexpected windfall (such as your ex or an adult child’s ex).</p> <p><strong>Provide for everyone</strong></p> <p>Providing for everyone is not necessarily straight forward, especially if you have a blended family. </p> <p>For instance, leaving your share of your home to your children from a previous relationship could lead to disagreements if your partner doesn’t want to leave.</p> <p>Instead, think about how your assets can be divided fairly without disadvantaging anyone. Children could be nominated beneficiaries of your superannuation and/or life insurance, leaving your home for your partner. </p> <p><strong>Keep wealth flowing</strong></p> <p>Certain structures can allow you to keep giving to your descendants long after you’re gone – offsetting their income and providing far greater wealth over time than any lump sum could achieve.</p> <p>A family or testamentary trust allows ongoing wealth creation through shared assets, with regular dividends paid out, creating a family legacy that can last for generations. Or a family company can allow a commercial entity to continue trading and growing as an asset.</p> <p><strong>Manage tax impacts</strong></p> <p>Implement tax-effective strategies that maximise how much your beneficiaries actually receive and minimise what the tax man pockets. </p> <p>While there isn’t an inheritance tax per se, beneficiaries can be hit with Capital Gains Tax (CGT) on asset sales plus transfer costs to put an asset into their own name – not to mention the ongoing maintenance and compliance costs of asset ownership.</p> <p>In some instances, your loved ones may benefit more if you sell assets now and leave them the proceeds, rather than leave them the asset – and its associated tax bill – once you’re gone.</p> <p><strong>Ensure loved ones are home and housed</strong></p> <p>Property is perhaps the biggest of all sources of wealth, yet it is increasingly difficult for younger people and singles to get (and stay) on the property ladder.</p> <p>Ensure everyone can reap the benefits of property ownership over their own lifetime, either by transferring ownership of properties in your name or contributing chunks of cash towards a deposit. </p> <p>However, it’s important to do so sustainably – gifting grandkids a large property they can’t afford to maintain isn’t going to work.</p> <p><strong>Charitable donations</strong></p> <p>Many people like to support charities and social causes once they are gone. Consider the end user here and what they stand to benefit from your donation – whether it be people, planet or both.</p> <p>It could be leaving a lump sum on your death, or regular ongoing donations from your estate. You may wish to do so anonymously, or include a message with your donation outlining your reasons why that particular charity/cause is important to you and what you hope the money will go towards.</p> <p>Donations may not necessarily be financial either – perhaps you have a valuable historic artefact that others could enjoy if donated to a museum? </p> <p><strong>Organ donation</strong></p> <p>The greatest gift of all is not money but life itself. So, consider whether organ donation is something you wish to do.</p> <p>While not suitable for everyone, and dependent on a range of factors including your age, health and religious beliefs, a single organ donor can save up to seven lives, as well as improve the quality of life of numerous others through eye and tissue donation.</p> <p>That is a lot of life you can give to others – and all without costing your own loved ones a cent!</p> <p><em><strong>Helen Baker is a licensed Australian financial adviser and author of On Your Own Two Feet: The Essential Guide to Financial Independence for all Women. Helen is among the 1% of financial planners who hold a master’s degree in the field. Proceeds from book sales are donated to charities supporting disadvantaged women and children. Find out more at <a href="http://www.onyourowntwofeet.com.au/">www.onyourowntwofeet.com.au</a></strong></em></p> <p><em><strong>Disclaimer: The information in this article is of a general nature only and does not constitute personal financial or product advice. Any opinions or views expressed are those of the authors and do not represent those of people, institutions or organisations the owner may be associated with in a professional or personal capacity unless explicitly stated. Helen Baker is an authorised representative of BPW Partners Pty Ltd AFSL 548754.</strong></em></p> <p><em><strong>Image credits: Shutterstock </strong></em></p>

Retirement Income

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Harry Potter stars pay tribute to Dame Maggie Smith

<p>The stars of the <em>Harry Potter</em> franchise have paid tribute to Dame Maggie Smith, after the Oscar-winning actress passed away on Friday at the age of 89. </p> <p>Smith, who played the role of Professor McGonagall throughout the eight movies, was honoured by dozens of her co-stars, including Harry Potter himself: Daniel Radcliffe. </p> <p>Radcliffe shared a statement to Entertainment Weekly, writing, "She was a fierce intellect, a gloriously sharp tongue, could intimidate and charm in the same instant and was, as everyone will tell you, extremely funny."</p> <p>"I will always consider myself amazingly lucky to have been able to work with her, and to spend time around her on set. The word legend is overused but if it applies to anyone in our industry then it applies to her. Thank you Maggie."</p> <p>Emma Watson also shared a tribute on Instagram alongside the two actresses working together, reflecting on Smith's impact on set. </p> <p>She said, "When I was younger I had no idea of Maggie's legend — the woman I was fortunate to share space with. It is only as I've become an adult that I've come to appreciate that I shared the screen with a true definition of greatness."</p> <p>"She was real, honest, funny and self-honouring. Maggie, there were a lot of male professors and by God you held your own. Thank you for all of your kindness. I'll miss you."</p> <p>Rupert Grint also shared a photo of the pair together, referencing a particular fan favourite scene from the fourth <em>Harry Potter</em> film, writing, "Heartbroken to hear about Maggie. She was so special, always hilarious and always kind. I feel incredibly lucky to have shared a set with her and particularly lucky to have shared a dance. I'll miss you, Maggie. Sending all my love to her family."</p> <p>Gary Oldman, who played Sirius Black in the franchise, shared a statement with Entertainment Weekly on Maggie's passing, praising her acting talents, saying,  "Maggie Smith, one of the true Greats along with [Laurence] Olivier and [John] Gielgud… those who saw her dazzling talent on the stage say they can never forget her. Her magnificent film performances remain for all to see and enjoy. Such an artist comes along about every other generation. If one is lucky."</p> <p>The news of Maggie Smith's passing was confirmed by her sons Chris Larkin and Toby Stephens who said in a statement, “She passed away peacefully in hospital early this morning, Friday 27 September."</p> <p>“An intensely private person, she was with friends and family at the end. She leaves two sons and five loving grandchildren who are devastated by the loss of their extraordinary mother and grandmother.”</p> <p><em>Image credits: Warner Brothers/Paul Marriott/Shutterstock Editorial </em></p>

Caring

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Woman “bullied” on plane over budget seating trick

<p dir="ltr">A young woman has recalled a flight from hell when she was “bullied” by a couple who were trying to utilise a seating hack that went viral on TikTok. </p> <p dir="ltr">The solo traveller took to Reddit to recount the story and ask social media users if she was in the wrong for her action. </p> <p dir="ltr">The woman began by saying she usually pays more to select her plane seat ahead of time, but a medical emergency on another plane had her waiting on standby and left with no option other than to sit in a middle seat.</p> <p dir="ltr">When she was finally able to board, she was greeted by a couple who had purchased both the window and aisle seats in a bid to have more space, utilising a travel “trick” that has been popular on TikTok.</p> <p dir="ltr">The method, which has been dubbed the 'poor man's business class', usually leaves travellers with an empty middle seat and more space, and few travellers opt to pick a middle seat. </p> <p dir="ltr">“When I got to my row the man and woman were chatting and sharing a snack... it was obvious they were together. I mentioned to the man that I'm in the middle, and he got up to let me in,” the unsuspecting traveller wrote on Reddit.  </p> <p dir="ltr">“I asked them if they would prefer to sit together, I said I was totally okay with that. The woman reacted rudely to this and said ‘you're not supposed to be sitting here anyway’.”</p> <p dir="ltr">After noticing how the plane was full, she offered to show the pair her new ticket with the correct seat number on it.</p> <p dir="ltr">“She flicked her hand at my ticket and made a disgusted sound. I offered again if they wanted to sit together to which she didn't reply, her partner said it's okay and... made some small talk,” she continued. </p> <p dir="ltr">The man’s girlfriend then interrupted their conversation to ask,”'Did you use one of those third party websites to book your flight? It's so frustrating when people cheap out to inconvenience others.”</p> <p dir="ltr">The American woman explained that she had booked her flight directly and she had been placed on standby like everyone else and didn't choose the middle seat - she was assigned it.</p> <p dir="ltr">She then tried to keep the peace by refusing to engage with the furious woman.  </p> <p dir="ltr">“I was so done with her attitude, I put my headphones on and attempted to do my own thing,” she explained.</p> <p dir="ltr">But the “entitled” girlfriend wasn't letting it go, as the woman explained, “This woman kept reaching over me and tapping her partner and trying to talk to him in a way that was super intrusive.”</p> <p dir="ltr">“I could tell even her partner was trying to engage her less so that she would hopefully stop, but she didn't.”</p> <p dir="ltr">“I think they tried to pull that tactic where they don't sit together on purpose...hoping no one will sit between them. But on full flights it doesn't work. And even so - it's not the other person's fault.”</p> <p dir="ltr">The traveller's post was met with hundreds of comments slamming the girlfriend’s behaviour, as one person wrote, “It's like a toddler having a tantrum.”</p> <p dir="ltr">“She was disappointed and a total a**hole. Gross entitled people,” another added. </p> <p dir="ltr">Another person applauded the traveller’s level-headed behaviour, writing, “Wow! You are my hero for keeping it classy - I’m afraid I would not have been as kind as you.”</p> <p dir="ltr"><em>Image credits: Shutterstock </em></p>

Travel Trouble

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"Welcome home, Harold": Iconic Neighbours actor returns to Ramsay Street

<p>More than 15 years after his departure, Harold Bishop is returning to Ramsay Street. </p> <p>Ian Smith's character has long been a fan favourite on <em>Neighbours</em>, after originally starring on the soap between 1987 and 1991, before he returned in 1996 until his departure in 2009. </p> <p>Since then, Harold has made multiple guest appearances, including in the 2022 finale.</p> <p>When Amazon picked up the Aussie show, Smith rejoined the cast for a short time but quickly left after a health scare.</p> <p>But now, Harold is making another comeback. </p> <blockquote class="instagram-media" style="background: #FFF; border: 0; border-radius: 3px; box-shadow: 0 0 1px 0 rgba(0,0,0,0.5),0 1px 10px 0 rgba(0,0,0,0.15); margin: 1px; max-width: 540px; min-width: 326px; padding: 0; width: calc(100% - 2px);" data-instgrm-permalink="https://www.instagram.com/p/C5fVoAlvJEJ/?utm_source=ig_embed&utm_campaign=loading" data-instgrm-version="14"> <div style="padding: 16px;"> <div style="display: flex; flex-direction: row; align-items: center;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 40px; margin-right: 14px; width: 40px;"> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 100px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 60px;"> </div> </div> </div> <div style="padding: 19% 0;"> </div> <div style="display: block; height: 50px; margin: 0 auto 12px; width: 50px;"> </div> <div style="padding-top: 8px;"> <div style="color: #3897f0; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: 550; line-height: 18px;">View this post on Instagram</div> </div> <div style="padding: 12.5% 0;"> </div> <div style="display: flex; flex-direction: row; margin-bottom: 14px; align-items: center;"> <div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(0px) translateY(7px);"> </div> <div style="background-color: #f4f4f4; height: 12.5px; transform: rotate(-45deg) translateX(3px) translateY(1px); width: 12.5px; flex-grow: 0; margin-right: 14px; margin-left: 2px;"> </div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(9px) translateY(-18px);"> </div> </div> <div style="margin-left: 8px;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 20px; width: 20px;"> </div> <div style="width: 0; height: 0; border-top: 2px solid transparent; border-left: 6px solid #f4f4f4; border-bottom: 2px solid transparent; transform: translateX(16px) translateY(-4px) rotate(30deg);"> </div> </div> <div style="margin-left: auto;"> <div style="width: 0px; border-top: 8px solid #F4F4F4; border-right: 8px solid transparent; transform: translateY(16px);"> </div> <div style="background-color: #f4f4f4; flex-grow: 0; height: 12px; width: 16px; transform: translateY(-4px);"> </div> <div style="width: 0; height: 0; border-top: 8px solid #F4F4F4; border-left: 8px solid transparent; transform: translateY(-4px) translateX(8px);"> </div> </div> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center; margin-bottom: 24px;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 224px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 144px;"> </div> </div> <p style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; line-height: 17px; margin-bottom: 0; margin-top: 8px; overflow: hidden; padding: 8px 0 7px; text-align: center; text-overflow: ellipsis; white-space: nowrap;"><a style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: normal; line-height: 17px; text-decoration: none;" href="https://www.instagram.com/p/C5fVoAlvJEJ/?utm_source=ig_embed&utm_campaign=loading" target="_blank" rel="noopener">A post shared by Neighbours (@neighbours)</a></p> </div> </blockquote> <p>The official <em>Neighbours</em> Instagram shared the exciting news of his return, writing, “After 15 years of living away, the legendary Harold Bishop is returning to Erinsborough."</p> <p>“We are thrilled to welcome Ian Smith back to the show and the opening titles, where he belongs.”</p> <p>Fan were quick to flood the comment section with excitable messages, rejoicing in the fact that a fan favourite character was returning. </p> <p>“The best news. The show misses an elder character like Harold,” one person wrote.</p> <p>Another commented, “Absolutely amazing news to wake up too. Welcome home, Harold.”</p> <p><em>Image credits: Getty Images / YouTube </em></p>

TV

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Senior changes will to leave fortune to pets instead of family

<p>An elderly woman in China has decided to leave her $A4.3 million fortune to her pets instead of her three children, after she claims they never visited or took care of her when she was sick. </p> <p>The Shanghai woman, known by her last name Liu, drafted the will a few years ago according to the <a href="https://www.scmp.com/news/people-culture/trending-china/article/3248592/elderly-china-woman-leaves-us28-million-assets-beloved-pets-instead-children-who-never-visited-even" target="_blank" rel="noopener"><em>South China Morning Post</em></a>. </p> <p>However, as her three children rarely contacted her, and left her on her own while she was sick, Liu decided her cats and dogs were more deserving of her multi-million dollar fortune, and changed her will. </p> <p>Chen Kai, an official from the China’s Will Registration Centre headquarters, told her that leaving her entire inheritance to animals is illegal in China, but there is a way for her to ensure her pets get taken care of. </p> <p>“Liu’s current will is one way, and we would have advised her to appoint a person she trusts to supervise the vet clinic to ensure the pets are properly cared for,” he told the <em>South China Morning Post</em>. </p> <p>Another official added that Liu could always change her mind, if her children changed their attitude. </p> <p>“We told Auntie Liu that if her children change their attitude towards her, she could always alter her will again,” the official said. </p> <p><em>Image: Getty</em></p> <p> </p>

Family & Pets

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"His worst moment as a person": Sean Penn unleashes on Will Smith's Oscar's slap

<p>Sean Penn has become visibly angry as he recalled the infamous moment at the 2022 Oscars ceremony when Will Smith stormed the stage to slap Chris Rock. </p> <p>Penn recalled the award ceremony moment as he reflected on the Academy's decision to not let Ukraine’s president, Volodymyr Zelenskyy, speak at the ceremony. </p> <p>The actor has been a strong advocate for the people of Ukraine in their ongoing war against Russia, and even traveling to the war-torn region to help in their fight. </p> <p>Speaking to <a href="https://variety.com/2023/film/features/sean-penn-slams-will-smith-slap-ai-oscars-1235720417/" target="_blank" rel="noopener"><em>Variety</em></a>, Penn shared how frustrated he was that Zelenskyy was silenced, while Smith's actions were the real problem. </p> <p>“The Oscars producer thought, ‘Oh, he’s [Zelenskyy] not lighthearted enough.’ Well, guess what you got instead? Will Smith.”</p> <p><em>Variety</em> noted that the actor was visibly infuriated speaking on the subject, even turning red during the interview.</p> <p>“I don’t know Will Smith. I met him once,” Penn said. “He seemed very nice when I met him. He was so f***ing good in <em>King Richard</em>.”</p> <p>“So why the f**k did you just spit on yourself and everybody else with this stupid f***ing thing? Why did I go to f***ing jail for what you just did? And you’re still sitting there? Why are you guys standing and applauding his worst moment as a person?” the 63-year-old said, referencing his 1987 arrest and jail stint for punching a film extra in the face.</p> <p>“This f***ing bulls**t wouldn’t have happened with Zelenskyy,” Penn added. “Will Smith would never have left that chair to be part of stupid violence. It never would have happened.”</p> <p>Penn was so shocked and infuriated by the moment that he chose to destroy his two Oscars. </p> <p>"I thought, ‘Well, f**k, you know? I’ll give them to Ukraine. They can be melted down to bullets they can shoot at the Russians,’” he said.</p> <p>When visiting Zelenskyy in Ukraine last fall, Penn showed his support by giving the leader one of his Oscars.</p> <p>At the 2022 Oscar's ceremony, Will Smith stormed the stage and slapped comedian Chris Rock after he made a joke about his wife, Jada Pinkett-Smith. </p> <p>After returning to his seat, Smith shouted out, “Keep my wife’s name out your f***ing mouth!”</p> <p><em>Image credits: Getty Images</em></p>

Movies

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Five things to do before you die – because planning your eventual demise takes preparation

<p><em><a href="https://theconversation.com/profiles/hui-yun-chan-715995">Hui Yun Chan</a>, <a href="https://theconversation.com/institutions/university-of-huddersfield-1226">University of Huddersfield</a></em></p> <p>Many people who are struck with sudden, progressive or terminal illness are <a href="https://theconversation.com/why-are-patients-in-permanent-comas-routinely-kept-alive-43365">kept alive mechanically</a>, while families and doctors make decisions about treatment. As a researcher in medical law, particularly end-of-life decision-making, I have seen how this can become a minefield of legal and ethical problems.</p> <p>UK law allows people to plan in advance of any debilitating illness, and thus have some control over future treatment. This is known as “<a href="https://www.nhs.uk/conditions/end-of-life-care/advance-decision-to-refuse-treatment/">advance decisions</a>”. While these laws are in place, research shows the <a href="https://rm.coe.int/cdcj-2017-2e-final-rapport-vs-21-06-2018/16808b64ae">majority of people disregard or defer the discussions</a> primarily because they do not know how to raise them, or what to expect.</p> <p>While planning for your eventual demise probably sounds as fun as pulling teeth, it can be empowering. Following from <a href="https://pure.hud.ac.uk/en/publications/advance-directives-rethinking-regulation-autonomy-amp-healthcare-">my recent book</a>, here are five tips for how you can use the law to help you plan for what you want in the future – and make your voice heard when you may no longer have one.</p> <h2>1. Gather information from experts</h2> <p>First, you must think, gather information and talk to experts about how life can unfold in the case of progressive illness. This is important whether you are well but thinking about future incapacity, or whether you have actually been <a href="https://www.4pb.com/case-detail/re-ak-medical-treatment-consent/">diagnosed with illness</a>.</p> <p>A solicitor with expertise in advance directives can help you understand important laws, such as those that dictate when a person has <a href="https://www.legislation.gov.uk/ukpga/2005/9/contents">sufficient “mental capacity”</a> to make lawful decisions. Lawyers can help you draft your will, and advise on how to protect or pass on your estate – including <a href="https://www.gov.uk/inheritance-tax">hidden costs</a>. They can also help you <a href="https://www.gov.uk/power-of-attorney">nominate someone</a> to make medical decisions for you when you become incapacitated, and decide the limits of their power. Do not just assume that your family members automatically have the power to decide for you legally.</p> <p>If you are ill, ask a doctor to inform you how your condition will progress so you can decide how you will deal with future events. For example, with dementia and other progressive illnesses, you must consider what quality of life you would tolerate. Similarly, in the case of pain, what treatment you would accept or refuse?</p> <p>Think big picture about your future life. Would you trade quantity of life for quality, opting for less time but with better quality of life?</p> <h2>2. Setting your decisions in stone</h2> <p>Now you have made some important decisions, the next step is about making these decisions clear in the right way, to the right people, and at the right time.</p> <p>I have <a href="https://www.springer.com/gp/book/9783030009755#aboutBook">documented many cases</a> across England and Wales where advance directives are disputed because they are invalid or inapplicable and there is a dispute about whether they are still legally able to make decisions. Considering your health, you may want to get a <a href="https://www.bma.org.uk/advice/employment/ethics/mental-capacity/assessing-mental-capacity">formal assessment</a> of your mental state and ability to make decisions. You should record any conversations you have in writing. Documents that show you have been supported (by friends, family or professionals) in your decision-making boost the validity of your choices, <a href="https://brill.com/view/journals/ejhl/25/1/article-p24_24.xml?lang=en">making them more binding</a> for healthcare professionals.</p> <p>Legally, just revealing your treatment preferences to your doctor or friends <a href="https://swarb.co.uk/w-healthcare-nhs-trust-v-kh-ca-17-sep-2004/">is not enough</a>. Writing things down is important, though never easy. Ask family or friends to support you in this process. If a loved one is aware of the choices you have made they are less likely to object to your medical decisions because they have been part of the decision process.</p> <h2>3. Update when your situation changes</h2> <p>Many people are caught out when their <a href="https://compassionindying.org.uk/making-decisions-and-planning-your-care/planning-ahead/advance-decision-living-will/review-update/">personal situation changes</a>, but they have failed to update their advance directives to reflect this – such as changing romantic relationships. Family conflict by your bedside is the last thing you want. Even if your circumstances are the same, regularly update to avoid “what was I thinking?” moments when it’s too late.</p> <h2>4. Make sure it gets found</h2> <p>Inform your family, doctors and lawyers what your advance directives are <em>and</em> where to find them. If the right people don’t have access to your directives, they are useless. In a recent example, the family of a Warwickshire woman was granted a £45,000 payout after she was <a href="https://www.bbc.co.uk/news/uk-england-coventry-warwickshire-42240148">kept alive for 22 months against her will</a> – as the relevant documents had been misplaced.</p> <h2>5. Don’t forget your online life</h2> <p>Discussions on social media about how you wish to spend your twilight days may help as <a href="https://brill.com/view/journals/ejhl/25/1/article-p24_24.xml?lang=en">supporting information</a> to ensure the wishes in your advance directives are strengthened. You should also think about who you want to be granted (or denied) access to your online accounts and social media after your death. Streamlining this process, you can now <a href="https://www.theatlantic.com/technology/archive/2013/04/google-death-a-tool-to-take-care-of-your-gmail-when-youre-gone/274934/">create a social media will</a> online.</p> <p>Drafting an advance directive is an exercise in liberty. It allows our beliefs and preferences to be made clear even when we are physically or mentally unable to express them ourselves. An advance directive is our voice when we no longer have one. Use your voice wisely.<img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/122296/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /></p> <p><em><a href="https://theconversation.com/profiles/hui-yun-chan-715995">Hui Yun Chan</a>, Senior Lecturer in Law, <a href="https://theconversation.com/institutions/university-of-huddersfield-1226">University of Huddersfield</a></em></p> <p><em>Image credits: Getty Images</em></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/five-things-to-do-before-you-die-because-planning-your-eventual-demise-takes-preparation-122296">original article</a>.</em></p>

Legal

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Fleetwood Mac legend’s eye-watering fortune revealed

<p dir="ltr">Fleetwood Mac star Christine McVie left behind a $135 million fortune, probate documents revealed.</p> <p dir="ltr">The singer and keyboardist <a href="https://www.oversixty.com.au/news/news/there-are-no-words-fleetwood-mac-star-dies-aged-79" target="_blank" rel="noopener">passed away aged 79</a> in November last year following a short illness. McVie, who was living in London at the time, had suffered a <a href="https://www.oversixty.com.au/health/caring/fleetwood-mac-star-s-cause-of-death-revealed" target="_blank" rel="noopener">stroke and had cancer</a>.</p> <p dir="ltr">A year before her death, she secured a massive deal and sold the rights to her entire back catalogue of 115 songs.</p> <p dir="ltr">McVie played in several bands before joining Fleetwood Mac in 1970, just two years after she married the band’s bassist John McVie.</p> <p dir="ltr">She left the band in 1998 and returned to tour in 2014.</p> <p dir="ltr">Following her death, her former bandmates Mick Fleetwood and Stevie Nicks said: “She was truly one of a kind, special and talented beyond measure.</p> <p dir="ltr">“She was the best musician anyone could have in their band and the best friend anyone could have in their life.</p> <p dir="ltr">“We were so lucky to have a life with her. Individually and together, we cherished Christine deeply and are thankful for the amazing memories we have.</p> <p dir="ltr">“She will be so very missed.”</p> <p dir="ltr">In February this year, Fleetwood admitted that the band was most likely “done” for good following McVie’s death.</p> <p dir="ltr">"I think right now, I truly think the line in the sand has been drawn with the loss of Chris," he told the<em> Los Angeles Times</em>.</p> <p dir="ltr">"I'd say we're done, but then we've all said that before. It's sort of unthinkable right now."</p> <p><em>Image: Instagram</em></p>

Money & Banking

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Pizza chain's delightfully devilish scheme lets you pay when you die

<p>A delightfully devilish pizza chain is taking the 'buy now, pay later' scheme to the next level, giving customers the chance to pay for their pizza when they die. </p> <p>HELL Pizza is inviting pizza fans to apply for the trial scheme, which involves amending their wills to have their total cost included. </p> <p>The chain has one store in Brisbane, with the rest of its stores located around New Zealand, with customers from both countries able to apply for the scheme, which involves no late fees or penalties.</p> <p>The restaurant will select 666 applicants from each country, who will be invited to sign a real amendment to their wills allowing the cost of their pizza to be collected upon death.</p> <p>According to HELL Pizza CEO Ben Cumming, pizza is one of the simple joys of life, and AfterLife Pay means diners can get their fix without having to dip into the bank account immediately.</p> <p>The scheme emerged after the business was approached by popular 'buy now, pay later' providers who wanted HELL Pizza to offer the service to its customers. </p> <p>The pizza chain's unique AfterLife Pay came as a direct response to this proposal, as a statement against “schemes trapping a growing number of Aussies in spirals of debt”, Cumming said.</p> <p>“We’re seeing a growing number of people using the schemes to buy essential items like food, and we think it’s taking it a step too far when you’ve got quick service restaurants like ours being asked to offer BNPL for what is considered a treat,” he said.</p> <p>“Especially when you consider people are falling behind in their payments and 10.5 percent of loans are in arrears."</p> <p>“AfterLife Pay is a light-hearted campaign that reinforces HELL’s stance on BNPL schemes - you can have your pizza and eat it too without any pesky late fees or penalties.”</p> <p>Applicants can apply for the scheme <a href="https://hellpizza.nz/wickedpedia/2023/05/25/buy-now-pay-much-later/" target="_blank" rel="noopener">online</a>, with the chain's restaurant assuring that you will you won't pay anything for your order until "you're resting six feet under". </p> <p><em>Image credits: HELL Pizza</em></p>

Food & Wine

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Chilling new Cleo Smith abduction details to be aired for first time

<p> New details have emerged about the abduction of Cleo Smith, including her frantic mother’s call to triple-0 when she realised her little girl was missing.</p> <p>Cleo, then four, made international headlines when she was snatched from a tent on October 16 2021 as she slept with her mother, stepfather and baby sister at the Blowholes campsite, near Carnarvon, about 960km north of Perth.</p> <p>The little girl was held captive by Terence Darrell Kelly and locked alone in a bedroom at his home for 18 days before WA police rescued her in a late night raid.</p> <p>Grim new details about Cleo’s kidnapping will soon be aired after Kelly was recently sentenced to 13 years and 6 months in jail.</p> <p>Ellie Smith’s distraught call to triple-0 and police bodycam footage of the tearful mum, after officers arrived at the remote campsite, will be aired for the first time on <em>60 Minutes</em> on May 14.</p> <p>Ms Smith and her partner Jake Giddon also revealed how Cleo is coping 18 months after the scarring ordeal, including new footage of the little girl.</p> <p>“Her nightmare nights are the worst. It's heartbreaking,” Ms Smith said in a preview.</p> <p>“Sad, hurt, scared, terrified. It is hard talking about him (Kelly) and what happened.”</p> <p>The program will also air the heartbreaking audio of Ms Smith’s triple-0 call when she discovered Cleo was missing from their tent on the day she was abducted.</p> <p>"My daughter's gone missing,” the distraught mum said.</p> <p>“How old is your daughter,” the operator asked.</p> <p>“She's four,” Ms Smith tearfully responded.</p> <p>Bodycam footage from the first officers on the scene being shown around the campsite by the terrified mum has also emerged.</p> <p>“We woke up this morning, and she was missing,” Ms Smith said.</p> <p>Cleo’s disappearance led to one of the biggest police searches in WA history and made headlines worldwide.</p> <p>Investigators who were involved in the case will also share more details about the extensive lengths detectives went to track down Kelly.</p> <p>“It really set the investigation alight,” one officer said.</p> <p>“They narrowed and narrowed it. They made the right call.”</p> <p>Ms Smith added, “That was the second we realised she didn't walk away. She was taken.”</p> <p>Ms Smith and her partner appeared at Kelly’s sentencing in the District Court of WA in April.</p> <p>It was the first time the pair had been seen in public since their <a href="https://www.oversixty.co.nz/news/news/cleo-smith-s-parents-share-disturbing-new-details" target="_blank" rel="noopener">first interview</a> with <em>60 Minutes</em> a year ago.</p> <p>They reportedly received $2 million for the world exclusive TV interview.</p> <p>Sentencing judge Julie Wager described the fear, distress and trauma Cleo and her parents have been left with as “immeasurable”.</p> <p>“Eighteen days without contact or explanation, and with hours totally on her own and no access to the outside world, would have been very traumatic,” the judge said.</p> <p>Kelly’s legal team have confirmed their client has lodged an appeal over the lengthy sentence handed down to him after he <a href="https://www.oversixty.co.nz/news/news/terence-kelly-confesses-to-abducting-cleo-smith" target="_blank" rel="noopener">admitted</a> to forcibly detaining a child under the age of 16 in January 2022.</p> <p>Court documents have revealed Kelly’s lawyers are appealing on multiple grounds including disputing the extent to which his methamphetamine use contributed to the crime.</p> <p>“The learned sentencing judge erred in finding that the applicant's use of methamphetamine had a significant and casual role in the offending,” the appeal documents read.</p> <p>“The learned sentencing judge failed to give appropriate weight to the applicant's childhood disadvantage and trauma.”</p> <p><em>Image credit: 60 Minutes/Instagram</em></p>

TV

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The legal matters you need to consider as you get older

<p><em><strong>Barbara Binland is the pen name of a senior, Julie Grenness, in Melbourne, Victoria, Australia. She is a poet, writer, and part-time English and Maths tutor, with over 40 years of experience. Her many books are available on Amazon and Kindle.</strong></em></p> <p>As we are ageing, it is essential at some stage to be realistic and sort our legal affairs. This incorporates writing your last will and testament. It is an individual’s choice whether to use a will kit, or to engage a solicitor. We must decide on an executor of the will, to ensure any assets are disposed of, in accordance with our intentions.</p> <p>Secondly, it is an excellent idea to appoint a medical power of attorney to a trusted person, to factor in a case scenario if you are on life support. Someone needs a medical power of attorney to make tough decisions on your behalf.</p> <p>Thirdly, when writing your will, you need to list your beneficiaries. Moreover, you need to compile a file of your assets and investments. Furthermore, it is also a good intention to prepare any wishes for your funeral, burial or cremation. Do you wish to be an organ donor? Ultimately, if any doubts occur, it is always possible and feasible to seek advice from any legal professionals.</p> <p>Right, having done all that, it’s easy to think, “all sorted!” But remember, any golden oldie’s status can be affected by any change in circumstance, such as either health conditions, or by marriage, or divorce, or the death of a spouse. Then we may need to revise our will and testament.</p> <p>But, in the interim, put morbid thoughts to one side, that is all ‘worst case scenario’. Now we can plan for our happy and leisurely retirement, enjoying being ‘golden oldies’, anyway we choose!</p> <p>Here are the stats: 10/10 people are going to die, so appreciate being alive! Rise and smile!</p> <p><em>Image credit: Shutterstock</em></p>

Legal

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Details of Warnie's will revealed

<p>The sizeable fortune of the late cricket legend Shane Warne has been revealed in his will. </p> <p>Warnie amassed a sizeable fortune before his untimely death in March 2022, with his estate being worth $20 million (AUD). </p> <p>As detailed in his will, the vast assets will be left to his three children, Summer, Jason and Brooke, according to reports by the <a href="https://www.smh.com.au/national/shane-warne-leaves-bulk-of-20-7-million-estate-to-his-children-20230207-p5cihc.html" target="_blank" rel="noopener"><em>Sydney Morning Herald</em></a>. </p> <p>The assets will be divided equally between the children, with each of them receiving 31 percent of the late cricketer's estate. </p> <p>The details of his will came from probate records that have just been released in Victoria, which includes his $6.5 million property on the Mornington Peninsula.</p> <p>Warne also left 2 percent of his estate to his brother, Jason Warne, and 2.5 percent each to niece Tyla Warne and nephew Sebastian Warne.</p> <p>The will, which was dated December 3rd 2021, does not leave anything to his ex-wife and mother of his children Simone Callahan.</p> <p>At the time of his death, Warnie has a $1.2 million deposit a property in The Esplanade in St Kilda, $5 million in a Commonwealth Bank account and $1.3 million in personal loans, as well as over $2 million in shares.</p> <p>In the will, Warne left his large car collection to son Jackson, which includes a $350,000 Mercedes-Benz.</p> <p>Fans and friends around the world were shocked at the news in early March 2022 that Warne had collapsed and died from a suspected heart attack while on holiday in Koh Samui, Thailand.</p> <p>Warnie was farewelled in a star-studded memorial service at the Melbourne Cricket Ground on March 30th 2022, where his three children unveiled Shane Warne Stand in his honour. </p> <p><em>Image credits: Getty Images</em></p>

Money & Banking

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Battle of wills is costly and rarely delivers

<p>There's nothing quite so grubby and unseemly as adult children battling over the last will and testament of a parent but such bitter skirmishes are constantly being fought through the courts.</p> <p>A will, properly done, is no guarantee against a legal challenge from a family member who feels they have not been left a fair slice of the family wealth.</p> <p>But courts tend to respect the wishes of testators to leave their wealth to whomever or whatever they wish, as long as they have not breached their “moral duty” to family members (for example entirely excluding one of three children without good reason or promising to leave something to a carer and then not doing so) or have failed to provide adequately for young children.</p> <p>It does appear a fair number of wills are made in people's dying days, often varying earlier wills as they ponder how they want to dispose of their worldly wealth.</p> <p>While it's always tempting to draw conclusions from a limited number of cases, it is hard not to theorise that wills drawn up in dying days are more likely to be challenged under the notion the writer lacked mental capacity, or that they were more susceptible to undue influences.</p> <p>But while these challenges may be costly to the estate - and enriching to lawyers - case law shows that mere unfairness will not be overturned by the courts, and that courts will only do the minimum needed to remedy any “breach of moral duty”.</p> <p>And, to quote one judgment, just because a judge “sitting in the testator's armchair” might see the matter differently, does not mean they should rewrite a will.</p> <p><strong>A good will can be challenged</strong></p> <p>Testators cannot be sure their will won't be challenged even if they make small bequests to recognise their moral duties to all their issue and justify their decisions in writing - something Public Trust asks testators to do. This tends to include citing the help given to family members in life. In one case a woman left most of her wealth to her granddaughter, who she had raised and who had looked after her later in life.</p> <p>The woman's two sons chose to challenge the will, which left one nothing (he had been helped financially in his parents' lives and had later squabbled over money with his mother) and the other a token amount. The brothers lost the legal tussle.</p> <p><strong>Mother cut out of daughter's will</strong></p> <p>One case involved the unusual situation of a mother seeking to have the will of her daughter altered. The daughter, dying of cancer, changed her will as she neared death, leaving all her money to friends, the Cancer Society and the hospice that was caring for her. The mother, included in a previous will, alleged her daughter lacked the mental capacity to make a will and also that “undue influence” had been brought to bear on her by a friend who inherited from the will. The allegations were backed by no evidence. Besides, the daughter had shown she had thought about her mother in notes stating that her mother was now financially independent.</p> <p><strong>Getting the sums right</strong></p> <p>In life a testator helped his son buy the family farm. When he died, his son's debts were forgiven, thereby passing the farm entirely to his son.</p> <p>The residual estate was then to be split among his other two children, both daughters.</p> <p>That meant the daughters got much less than the son, whose farm they believed was now worth about $10 million in part due to significant capital gains.</p> <p>The daughters challenged the will but the court said they could not maintain there had been a moral breach as both were left sums of about $300,000, even though there was written evidence the testator and his wife understood they put in place "arrangements which would give our three children an approximate equal share of our estates”.</p> <p>Unfortunately, their desires were not achieved in the legal documents. It appears the testator's professional advisers may not have done a good job.</p> <p><strong>Abusive son</strong></p> <p>A man who challenged his parents' will, in which he was left $70,000 of their $400,000 estate, got nothing more despite claims he deserved a half share.</p> <p>The man had Asperger's Syndrome but the judge decided the abusive way he treated his parents was only partly a result of the syndrome. The judge found the parents had treated the man well but that he had been abusive - documents were quoted in the judgment including one telling his parents to "f... off out of my life" - and that the relationship had been a “one-way street”. They had also given him $50,000 to pay off debts before they died and while they had considered cutting the son out of the will entirely, they had not. They had not, therefore, failed in their moral duty to him.</p> <p><em>Written by Rob Stock. First appeared on <a href="http://www.stuff.co.nz/" target="_blank"><strong><span style="text-decoration: underline;">Stuff.co.nz</span></strong></a>.</em></p> <p><em>Any advice contained in this communication is general advice only. None of the information provided is, or should be considered to be, personal financial advice.</em></p>

Legal

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Ben Roberts-Smith intends to attend Queen Elizabeth II’s funeral

<p dir="ltr">Controversial soldier Ben Roberts-Smith has revealed he plans to travel to London to take part in official commemorations for Queen Elizabeth II, due to his status as a Victoria Cross recipient.</p> <p dir="ltr">According to the <em><a href="https://www.smh.com.au/politics/federal/ben-roberts-smith-to-attend-queen-elizabeth-funeral-commemorations-20220913-p5bho3.html" target="_blank" rel="noopener">Sydney Morning Herald</a></em>, government sources said winners of the medal from several Commonwealth countries have been invited to participate in an order of chivalry procession during the Queen’s funeral on September 19.</p> <p dir="ltr">Mark Donaldson, an Afghanistan war veteran who received the Victoria Cross in 2009, is expected to represent recipients of the Australian Victoria Cross and George Cross in the procession and will see the Queen lying in state.</p> <p dir="ltr">Fellow Victoria Cross recipients Daniel Keighran and Keith Payne, veterans of the Afghanistan and Vietnam wars respectively, are also expected to attend if possible.</p> <p dir="ltr">Payne, the last living recipient of the original “Imperial” Victoria Cross, told the Courier Mail that he hoped to travel to London for the funeral but would need to pass a physical exam first.</p> <p dir="ltr">A spokeswoman for Mr Roberts-Smith confirmed the SAS soldier was invited to participate, and she believed he would travel to the event.</p> <p dir="ltr">In a statement he shared with the <em><a href="https://www.dailytelegraph.com.au/truecrimeaustralia/police-courts-nsw/ben-robertssmith-invited-to-join-queens-funeral-procession/news-story/b8905f99bfb9fc387603dc744f4b522b" target="_blank" rel="noopener">Daily Telegraph</a></em> on Tuesday, Mr Roberts-Smith said he was “deeply saddened” by the Queen’s passing, describing her as “a stoic leader” and “a lovely lady”.</p> <p dir="ltr">“I feel deeply saddened by Her Majesty’s passing, I had an immense respect for her and she was someone I admired greatly. In every interaction I had with the Queen she was warm, insightful and engaging,“ Mr Roberts-Smith said.</p> <p dir="ltr">“She was a magnificent monarch, a stoic leader, and importantly just a lovely lady. I feel extremely honoured to be fortunate enough to pay my respects to the Queen and humbled that she saw fit to include the Victoria Cross recipients in her funeral procession.”</p> <p dir="ltr">Mr Roberts-Smith was pictured meeting with the Queen in 2011, telling reporters at the time that they mostly talked about Afghanistan and what he and his patrol did.</p> <p dir="ltr">“We talked mainly about Afghanistan and obviously a great opportunity for me to tell her about what everyone else in my (patrol) did that day, so I got to explain to her a bit of what everyone did as opposed to just myself,” he told reporters after the meeting.</p> <p dir="ltr">Mr Roberts-Smith’s invite comes as he awaits the outcome of his high-profile defamation case against Nine newspapers over reports where he alleges he was wrongly portrayed as a war criminal and murderer.</p> <p><span id="docs-internal-guid-2c79db95-7fff-ce6c-9dce-8721c296f151"></span></p> <p dir="ltr"><em>Image: Getty Images</em></p>

News

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5 mistakes to avoid when leaving an inheritance

<p>Unlike virtually everything else in life, inheritance mistakes aren’t felt by the person who makes them. It’s those left behind who must deal with the fallout. What will your loved ones ultimately inherit? Estate planning. Wills. Inheritance. </p> <p>Nobody enjoys talking about these because they reflect our own mortality. Yet they have major ramifications for the loved ones we leave behind. Mistakes can be devastating. Thankfully, though, the most common inheritance mistakes are easily avoided. </p> <p><strong>Mistake #1: Failing to plan</strong></p> <p>A simple equation governs legal and money matters: failing to plan = planning to fail. Inheritances left to chance risk your wishes not being carried out. Disagreements between siblings and/or other benefactors become more likely – particularly if you are divorced/separated or have a blended family. </p> <p>Additionally, the government could wind up the biggest winner, with unclaimed assets seized by the state. The result? Benefits are wasted and relationships damaged – perhaps permanently.</p> <p><strong>Mistake #2: Set-and-forget</strong></p> <p>Sadly, I have seen this many times – someone’s ‘set-and-forget’ mindset meant their estate plans were outdated on their death, leaving behind significant question marks. Who inherits assets not covered in the will? What happens to assets left to someone who has already died? Do children born after the plans were drafted inherit at all? If you’ve been separated, outdated plans could see your ex become your primary beneficiary. </p> <p>Your grieving current partner could be forced to contest in court – and risk losing even more in legal fees – or miss out altogether. The same goes for divorced children and their ex. Treat your will like your garden – it should be tended regularly to be its best and allowed to grow and adapt to suit your changing circumstances.</p> <p><strong>Mistake #3: When a will won’t do</strong></p> <p>Wills cover many aspects – dividing money and assets; delegating custodianship of any children under 18 and how they will be provided for; and nominating the executor(s) of your estate. However, contrary to popular belief, a will is not the be all and end all.  Separate legal entities and certain financial assets are not covered by a will, including businesses, trusts and similar structures, and – crucially – superannuation. These require you to nominate your beneficiaries within those entities. Property can also be treated outside of a will, as joint tenants have an automatic right of survivorship. </p> <p>As tenants in common, you can gift your share to someone else, such as children. Remember though, if your partner still lives in the property but someone else inherits your share (especially if the two don’t get along), your partner could be pressured to move or sell – even if they have nowhere else to go.</p> <p><strong>Mistake #4: Hindering, not helping</strong></p> <p>While your intention may be to support family, you may inadvertently leave them worse off or see their benefits squandered if inheritances are poorly planned. For example, leaving property to someone who cannot afford the upkeep could be counterproductive. What if it can’t be sold? If they live in it and must sell, where will they go? Can they afford the same location?</p> <p>With taxes, will Capital Gains Tax be better managed if assets are sold from within your estate or once ownership is transferred? Will dividends/rental income push up their income tax? Will a super death benefit be taxable? Plus, many people don’t realise that under 18s income tax rates are higher than most adult tax rates.</p> <p><strong>Mistake #5: Failing your partner</strong></p> <p>Death inflicts enormous and often sudden change onto a surviving spouse or partner, if you have one. If not retired, they may need time off work to grieve and manage affairs. Funeral costs accumulate. Your income stops. Economies of scale (living costs are less per person for couples than for singles) disappear. They may be unable to look after themselves.</p> <p>Ask yourself:</p> <ul> <li>Do you have life insurance? Funeral cover?</li> <li>Is cash readily available for them to live on while your affairs are settled? </li> <li>What provisions are made for meeting mortgage repayments without your income?</li> <li>How much superannuation is left for their twilight years? </li> <li>Can they operate/sell the business if you’re self-employed?</li> <li>Do they need paid-for care?</li> </ul> <p>Inheritance is a complex business and that complexity compounds with the number of assets and beneficiaries. To ensure your wishes are implemented and your legacy is a positive one, I implore you – get good professional advice and make a thorough, up-to-date plan, one which works for both yourself and everyone set to inherit from it.</p> <p><strong><em>Helen Baker is a licensed Australian financial adviser and author of the new book, On Your Two Feet: The Essential Guide to Financial Independence for all Women (Ventura Press, $32.99). Helen is among the 1% of financial planners who hold a master's degree in the field. Proceeds from book sales are donated to charities supporting disadvantaged women and children. Find out more at <a href="https://onyourowntwofeet.com.au" target="_blank" rel="noopener">www.onyourowntwofeet.com.au</a></em></strong></p> <p><em>Image credits: Getty Images</em></p>

Retirement Income

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Chris Rock opens up about THAT slap

<p dir="ltr">It was the slap that was heard all around the world and had tongues wagging.</p> <p dir="ltr">Chris Rock, who was slapped in the face at the Oscars by Will Smith after making a joke about his wife Jada Pinkett Smith’s bald head (who suffers from alopecia), has spoken about the assault.</p> <p dir="ltr">While headlining stand-up shows in New York and New Jersey, Rock spoke about the infamous slap which “hurt like a motherf***er”.</p> <p dir="ltr">“Yeah, that sh*t hurt, motherf***er – but I shook that sh*t off and went to work the next day,” he said onstage while performing with Kevin Hart and Dave Chappelle.</p> <p dir="ltr">“Anyone who says ‘words hurt’ has never been punched in the face.”</p> <p dir="ltr">Rock then proceeded to call out those who said he was a victim, and who made a bigger deal out of the slap than necessary.</p> <p dir="ltr">“I’m not a victim, motherf***er. I don’t go to the hospital for a paper cut.”</p> <p dir="ltr">This is the first time Rock has publicly addressed the slap which saw movies that were set to feature Will either <a href="https://oversixty.com.au/entertainment/movies/is-this-the-end-of-will-smith-s-career" target="_blank" rel="noopener">postponed or shelved</a> following his assault on the comedian.</p> <p dir="ltr">At the Oscars, Smith shocked the crowd and viewers across the world when he stood up from his seat, walked across the stage and slapped Rock before sitting back down.</p> <p dir="ltr">“Will Smith just smacked the s*** out of me,” Rock said as Smith walked off.</p> <p dir="ltr">Smith then yelled back, “Keep my wife’s name out of your f***ing mouth”.</p> <p dir="ltr">The only time Rock actually mentioned the slap was during a show in May at the UK’s Royal Albert Hall.</p> <p dir="ltr">“I’m OK, if anybody was wondering. I got most of my hearing back,” he said.</p> <p dir="ltr">“People expect me to talk about the bullsh*t. I’m not going to talk about it right now. I’ll get to it eventually – on Netflix."</p> <p dir="ltr">Smith took to Instagram a few days after the assault and publicly apologised to Rock for slapping him on-stage.</p> <p dir="ltr">“Violence in all of its forms is poisonous and destructive. My behaviour at last night’s Academy Awards was unacceptable and inexcusable,” he wrote.</p> <p dir="ltr">“Jokes at my expense are a part of the job, but a joke about Jada’s medical condition was too much for me to bear and I reacted emotionally.</p> <p dir="ltr">“I would like to publicly apologise to you, Chris. I was out of line and I was wrong. I am embarrassed and my actions were not indicative of the man I want to be.”</p> <p dir="ltr"><em>Image: Getty</em></p>

Movies

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“May justice be done”: Ben Roberts-Smith’s trial comes to an end

<p dir="ltr">The defamation trial launched by Ben Roberts-Smith against Nine newspapers has come to an end after four years, with Justice Anthony Besanko left with the final task of condemning or clearing the war veteran’s name.</p> <p dir="ltr">Mr Roberts-Smith’s lawyers are hoping that finding in their client’s favour will see his name cleared and result in the largest defamation payout in history, while a finding in favour of his journalist opponents could validate their claims he committed “the most heinous acts of criminality” while serving in the SAS.</p> <p dir="ltr">The lengthy case drew to a close on Wednesday after over 100 days of evidence, more than $25 million in legal fees and two weeks of closing speeches.</p> <p dir="ltr">Arthur Moses SC, Mr Roberts-Smith’s barrister, used his closing statement to push the fact that Nine had the burden of proof to prove their claims the Victoria Cross recipient had murdered unarmed prisoners, </p> <p dir="ltr">“(Nine) published allegations and stories as fact that condemned Mr Roberts-Smith as being guilty of the most heinous acts of criminality that could be made against a member of the Australian Defence Force, and indeed any citizen,” Mr Moses said.</p> <p dir="ltr">“It depends upon recollection of events that occurred during missions more than 10 years ago… Recollections which are contradicted either by their own witnesses, our witnesses and Defence Force documents.”</p> <p dir="ltr">“They have urged upon the court a case which is one of mere suspicion, surmise and guesswork to condemn a man, who served his nation with great distinction, as a war criminal.”</p> <p dir="ltr">Mr Moses called on Justice Besanko to reject Nine’s case “in all forms”.</p> <p dir="ltr">Meanwhile, Nicholas Owens SC, representing Nine, closed his case by returning to the claims and counterclaims, including the question of Mr Roberts-Smith’s motive in killing six detained Afghans when he had transported hundreds of others safely back to Australia bases, which Mr Roberts-Smith said Nine had left unanswered.</p> <p dir="ltr">When he opened his case in June 2021, Mr Owens said that even “the most brutal, vile member of the Taliban imaginable” can’t be killed once detained and “to do so is murder”.</p> <p dir="ltr">On Wednesday, he returned to this point and said Mr Roberts-Smith killed the detainees simply because they were “enemy combatants”.</p> <p dir="ltr">“We say that was a powerful motive that operated in relation to all of these incidents… it was a motive to kill Taliban insurgents regardless of the lawfulness of doing so,” Mr Owens told the court.</p> <p dir="ltr">Justice Besanko thanked lawyers on both sides, as well as the legal team for the Commonwealth government who had been on-hand every single day in court to keep highly classified material out of the public sphere.</p> <p dir="ltr">With the trial conducting itself in a combination of open and closed court, with sensitive information and testimonies being held in closed court, the full scope of evidence Justice Besanko must consider isn’t well-known.</p> <p dir="ltr">It is also unknown just how long it will take Justice Besanko to reach a verdict, given the sheer volume of evidence and documents, but it is expected to take many months.</p> <p><span id="docs-internal-guid-ebdbd3ac-7fff-5171-1cfa-d53402605665"></span></p> <p dir="ltr">Nick McKenzie, one of the journalists Mr Roberts-Smith launched his case against, took to social media following the trial’s conclusion to summarise the claims made against Mr Roberts-Smith and call for justice to be done.</p> <blockquote class="twitter-tweet"> <p dir="ltr" lang="en">Roberts-Smith trial is now over, save for judgment. 4 years ago RS launched it. Such stress for all involved: SAS eye witnesses who accuse RS of murders/cliffkicking of innocent Afghan father, Afghans who witnessed the same, brave woman who spoke up about DV.<br />May justice be done.</p> <p>— Nick McKenzie (@Ageinvestigates) <a href="https://twitter.com/Ageinvestigates/status/1552124223669149696?ref_src=twsrc%5Etfw">July 27, 2022</a></p></blockquote> <p dir="ltr">“Roberts-Smith trial is now over, save for judgement,” the <em>Age </em>journalist wrote.</p> <p dir="ltr">“4 years ago RS (Roberts-Smith) launched it. Such stress for all involved: SAS eye witnesses who accuse RS of murders/kicking of innocent Afghan father, Afghans who witnessed the same, brave woman who spoke up about (domestic violence).</p> <p dir="ltr">“May justice be done.”</p> <p dir="ltr"><span id="docs-internal-guid-66f1c50f-7fff-6c69-c33f-cb92127519d5"></span></p> <p dir="ltr"><em>Image: Getty Images</em></p>

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“Target on his back”: Ben Roberts-Smith’s spectacular closing remarks

<p dir="ltr">After 100 days of <a href="https://www.oversixty.com.au/finance/legal/key-witness-arrested-in-ben-roberts-smith-trial" target="_blank" rel="noopener">testimony</a>, cross-examination, and dissection of <a href="https://www.oversixty.com.au/finance/legal/multiple-bombshells-dropped-in-ben-roberts-smith-case" target="_blank" rel="noopener">evidence</a>, Ben Robert-Smith’s defamation trial is at the beginning of the end.</p> <p dir="ltr">Lawyers representing the veteran began their closing submissions by accusing <em>The Age</em>, <em>The Sydney Morning Herald</em>, <em>The Canberra Times</em>, and three journalists of embarking on a “sustained campaign” to falsely portray him as a war criminal, bully and domestic abuser.</p> <p dir="ltr">“Mr Roberts-Smith was an exceptional soldier; highly organised, disciplined, a leader, resourceful and extraordinarily brave,” his barrister, Arthus Moses SC, told the Federal Court on Monday.</p> <p dir="ltr">“He did not seek, nor did he want any recognition for performing his duties as a member of the Australian Defence Force. What he did not expect is, having been awarded the Victoria Cross, he would have a target on his back.”</p> <p dir="ltr">Mr Moses told Justice Anthony Besanko, who has been overseeing the proceedings, that the trial had been called “a great many things”, including the “trial of the century”, a “proxy war-crimes trial” and an “attack” on press freedom.</p> <p dir="ltr">“It is none of these,” he said.</p> <p dir="ltr">“This has been a case about how Mr Roberts-Smith, the most decorated Australian soldier, and a man with a high reputation for courage, skill and decency in soldiering, had that reputation destroyed by the respondents.”</p> <p dir="ltr">The articles, published in mid-2018, claimed that Mr Roberts-Smith killed or was complicit in the killing of six unarmed prisoners during his deployment in Afghanistan with the SAS.</p> <p dir="ltr">It was alleged he also bullied other soldiers and physically abused a woman he was having an affair with.</p> <p dir="ltr">The Victoria Cross recipient has emphatically denied all allegations, while the newspapers have relied on a truth defence during the trial, calling dozens of current and former SAS soldiers to testify.</p> <p dir="ltr">Mr Moses began his address by denouncing the conduct of the Nine newspapers, claiming they refused to back down from errors in their stories and taking aim at the evidence provided by three of their witnesses: Person 7, Person 14, and Andrew Hastie, a former soldier-turned politician.</p> <p dir="ltr">"The publications of the respondents were based on rumour, hearsay and contradictory accounts from former colleagues who were, some, jealous, and/or obsessed with Mr Roberts-Smith,” Mr Moses said, adding that Mr Hastie was “obsessed” with Mr Roberts-Smith but failed to provide evidence to support the murder claims.</p> <p dir="ltr">Mr Hastie, who served with Mr Roberts-Smith briefly in 2012, was called to testify about a mission in Syahchow and claims that the veteran soldier had ordered a junior soldier, referred to as Person 66, to execute an Afghan captive during the mission.</p> <p dir="ltr">The MP told the court he was at Syahchow that day and saw a dead body with an AK-47 rifle, and that Person 66 looked uncharacteristically uneasy.</p> <p dir="ltr">He claimed that Mr Roberts-Smith walked past and said, “Just a couple more dead c***s”.</p> <p dir="ltr">However, Person 66 refused to testify about the mission on the grounds of self-incrimination.</p> <p dir="ltr">Mr Moses claimed there was no evidence to support Nine’s claim of murder, and that the “sensationalist” stories came from bitter and jealous SAS insiders who wanted to take Mr Roberts-Smith down.</p> <p dir="ltr">"What is apparent is that both journalists (Nick McKenzie and Chris Masters) have mounted a sustained campaign to unfairly create a belief that Mr Roberts-Smith had committed war crimes in Afghanistan, including during the course of these proceedings," he said.</p> <p><span id="docs-internal-guid-49c8da02-7fff-5dad-8a44-7edea12667de"></span></p> <p dir="ltr">Each side has been allocated four days for a closing address.</p> <p dir="ltr"><em>Image: Getty Images</em></p>

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What happens if you die without a will?

<p>Actor Chadwick Boseman, star of Marvel’s Black Panther, died in 2020 aged 43 from colon cancer. It came to light last month his estate would be <a href="https://radaronline.com/p/chadwick-boseman-widow-parents-estate-3-million-split-black-panther/" target="_blank" rel="noopener">split evenly</a> between his widow and his parents, following a legal process.</p> <p>Although he knew for some time that he was dying, he did not make a will. This is why his estate (all his money and assets) passed by what’s legally called “intestacy” – the rules governing someone’s estate if they don’t have a will.</p> <p>Boseman was one of <a href="https://www.caring.com/caregivers/estate-planning/wills-survey" target="_blank" rel="noopener">around 66% of Americans</a> who didn’t make a will before he died.</p> <p>Australians are different. They have one of the highest rates of will-making in the world. For example, in Queensland in 2012, <a href="https://oxford.universitypressscholarship.com/view/10.1093/acprof:oso/9780198747123.001.0001/acprof-9780198747123-chapter-15" target="_blank" rel="noopener">79% of people over 35 had made a will</a> and 54.5% of those over 18 had made one.</p> <p>It’s possible this is a function of Australia’s high level of home ownership comparative to other countries, and that people often make their first will when they buy their first house.</p> <p>But here’s what happens if you die without a will in Australia – and why you should make one if you haven’t already.</p> <p><strong>The law of intestacy</strong></p> <p>If you don’t leave a will, then the law of intestacy will apply.</p> <p>Each state and territory in Australia has rules for intestacy. These set out who is to inherit, and in what shares, when the deceased hasn’t made a will. The rules are based on Western ideas of kinship, derived from English law. They focus on the nuclear family as it descends over time.</p> <p>Although rules differ in each state, there’s a pattern that puts the spouse first (married, registered partner, de facto, same sex, heterosexual). The spouse gets a significant part – sometimes all – of the estate.</p> <p>If there’s anything left after the spouse takes their share, then the children, and grandchildren, and so on share the remainder. If there’s no spouse and no children or grandchildren, then the estate may go to parents, then aunts, uncles and cousins. Some states extend this a little, but if none of these relatives survives, the estate goes to the government.</p> <p>If you make a will, you can decide not only who will take particular parts of your estate, but also who is your “executor” – the person tasked with carrying out your wishes.</p> <p>You can explain your wishes and trust they will carry them out after they have been granted “probate”. Probate gives them the right to deal with your body and property.</p> <p>If you die intestate you get no choices – a court will decide who should administer your estate, and appoint someone (the administrator) to do that. This might be the Public Trustee or anyone the court thinks suitable.</p> <p>The executor or administrator is supposed to pay debts, gather assets, do the last tax return for the deceased and manage the property until it’s clear who will benefit, and then distribute to the beneficiaries.</p> <figure class="align-center "><img src="https://images.theconversation.com/files/473279/original/file-20220711-45278-wlj7k3.jpg?ixlib=rb-1.1.0&amp;q=45&amp;auto=format&amp;w=754&amp;fit=clip" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px" srcset="https://images.theconversation.com/files/473279/original/file-20220711-45278-wlj7k3.jpg?ixlib=rb-1.1.0&amp;q=45&amp;auto=format&amp;w=600&amp;h=400&amp;fit=crop&amp;dpr=1 600w, https://images.theconversation.com/files/473279/original/file-20220711-45278-wlj7k3.jpg?ixlib=rb-1.1.0&amp;q=30&amp;auto=format&amp;w=600&amp;h=400&amp;fit=crop&amp;dpr=2 1200w, https://images.theconversation.com/files/473279/original/file-20220711-45278-wlj7k3.jpg?ixlib=rb-1.1.0&amp;q=15&amp;auto=format&amp;w=600&amp;h=400&amp;fit=crop&amp;dpr=3 1800w, https://images.theconversation.com/files/473279/original/file-20220711-45278-wlj7k3.jpg?ixlib=rb-1.1.0&amp;q=45&amp;auto=format&amp;w=754&amp;h=503&amp;fit=crop&amp;dpr=1 754w, https://images.theconversation.com/files/473279/original/file-20220711-45278-wlj7k3.jpg?ixlib=rb-1.1.0&amp;q=30&amp;auto=format&amp;w=754&amp;h=503&amp;fit=crop&amp;dpr=2 1508w, https://images.theconversation.com/files/473279/original/file-20220711-45278-wlj7k3.jpg?ixlib=rb-1.1.0&amp;q=15&amp;auto=format&amp;w=754&amp;h=503&amp;fit=crop&amp;dpr=3 2262w" alt="People making a will" /><figcaption><span class="caption">Making a will gives you choices and control over what happens to your money and assets when you die.</span> <span class="attribution">Shutterstock</span></figcaption></figure> <p><strong>Who’s in the family?</strong></p> <p>In intestacy it’s assumed you think about your family in the same way the legal system does.</p> <p>Intestacy may work very well where property held isn’t very complex, and for people whose idea of family matches the law’s view of family.</p> <p>But many people in Australia do not, including some immigrants whose ideas of family may be more extended, and many Aboriginal and Torres Strait Islander people whose ideas of family connections may be very different.</p> <p>Where kinship ideas don’t match, intestacy can be problematic. For example, in many Aboriginal groups, children regard their aunt or uncle as “mother” or “father”. Aunts and uncles often have obligations to help take care of their siblings’ children, who they think of as their own children, according to <a href="https://www.tag.nsw.gov.au/sites/default/files/2021-08/Aboriginal-Wills-Booklet-3rd-Edition-2020_Web%20version.pdf" target="_blank" rel="noopener">my research</a> into culturally appropriate will making.</p> <p>But the intestacy scheme will ignore this. This can create ill-feeling and confusion.</p> <p>This is why in the Northern Territory, New South Wales and Tasmania it’s possible to use <a href="https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWSC/2017/1.html?context=1;query=Re%20Wilson" target="_blank" rel="noopener">customary law</a> for Aboriginal and Torres Strait Islander people who die without a will.</p> <p><strong>You lose choice without a will</strong></p> <p>For the rare people whose property consists only of a house held in joint tenancy, a joint bank account and superannuation, you may not need a will because property will pass to the other owner by the mere fact of living longer.</p> <p>But anyone with more complex property than this needs a will.</p> <p>Intestacy has no room for individual differences. For example, without a will you cannot set up a special trust for a child who has an intellectual disability, or donate to a charity, or pick out the particular people you wish to get particular things.</p> <p>Death creates grief and sometimes grief overwhelms good sense and creates greed leading to disputes. Intestacy is a safety net, but where there has been no planning in the form of a will there may be greater grief and confusion because people do not know what to do.</p> <p>The advantages of a will include that it can smooth the changeover of property from one person to another, and allows the individual to have their own wishes respected.<img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/186384/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /></p> <p><em><a href="https://theconversation.com/profiles/prue-vines-12823" target="_blank" rel="noopener">Prue Vines</a>, Professor, Law Faculty, <a href="https://theconversation.com/institutions/unsw-sydney-1414" target="_blank" rel="noopener">UNSW Sydney</a></em></p> <p><em>This article is republished from <a href="https://theconversation.com" target="_blank" rel="noopener">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/what-happens-if-you-die-without-a-will-186384" target="_blank" rel="noopener">original article</a>.</em></p> <p><em>Image: Getty Images</em></p>

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Top cop's emotional message to Cleo Smith

<p>Western Australia's police commissioner Chris Dawson has shared an emotional message for Cleo Smith as he prepares to step back from the top job. </p> <p>Commissioner Dawson was in charge of the operation last October, after four-year-old Cleo was abducted from a campsite near her hometown of Carnarvon. </p> <p>18 gruelling days after her disappearance, she was found alive and unharmed in the home of her kidnapper. </p> <p>Speaking with <em>Sunrise</em>, Commissioner Dawson recalled how the incredible operation that captivated the world left its mark on him.</p> <p>“When a little four-year-old has just disappeared from the family tent in the middle of the night, of course, everyone was fearing the worst,” he said.</p> <p>“It was an emergency call that our officers received in Carnarvon - to put that into context, it's about as far as from Melbourne to Sydney."</p> <p>"It was right near a rough patch of sea, a remote area, it was a very, very difficult search. We weren't sure what we were encountering."</p> <p>The frantic search for Cleo ran alongside an intensive criminal investigation, but Dawson said his team did not crack under pressure.</p> <p>“I stand on the shoulders of a great team,” he said.</p> <p>“Of course, there’s pressure... when we had no sign of little Cleo after 17 days.”</p> <p>But on the 18th day, they received information that changed everything.</p> <p>“After a really comprehensive and complex search, we started to get some information and intelligence and I got a phone call several hours before she was found and that was quite dramatic,” he said.</p> <p>Commissioner Dawson said he had the privilege of meeting the “sweet young girl” and her parents last year and he hopes they are able to put the terrifying ordeal behind them as a family.</p> <p>“My hope is she will grow up without fear, she will grow up in the loving family she is with,” he said.</p> <p>“We all want that. This was a horrible time which has now been put in the past."</p> <p>“The person who has abducted her from that tent has pleaded guilty and is in custody."</p> <p>“We would want for Cleo what we want for all of our children, to be able to live safely securely with family.”</p> <p><em>Image credits: Sunrise / WA Police</em></p>

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